STAMP DUTIES ACT

Acts 35/1954, 29/1955, 13/1957 (Federal) (s. 94), 29/1957, 61/1959, 29/1961, 14/1962 (s. 2), 19/1963 (s. 12), 21/1963, 40/1963, 2/1964, 38/1964, 9/1965, 25/1965, 30/1965 (s. 41), 65/1966, 35/1967 (s. 32), 25/1968 (s. 30),

30/1968 (ss. 14–19), 39/1969 (s. 37), 42/1971 (ss. 2, 3), 20/1972 (ss. 23–26), 21/1973 (ss. 20–47), 27/1973 (s.

97), 32/1975, 22/1976 (s. 87), 15/1981, 29/1981, 8/1988 (s. 164), 23/1991;9/1997 (s. 10), 17/1997

(s. 33),18/2000 (s. 61), 22/2001 (s. 4), 15/2002 (ss. 27-31), 10/2003 (s. 23), 17/2004, 18/2004 (s. 9), 3/2009(s. 25, 26); ; R.G.N.s 801/1963, 214/1964, 295/1964, 1135/1975.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

ADMINISTRATION

3. Appointment of revenue officers.
4. Authorized officers.

PART III

STAMP DUTY, STAMPING OF INSTRUMENTS AND DEFACEMENT OFSTAMPS

5. Imposition of duties upon instruments and other matters.
6. Manner of denoting payment of duty and use of stamps in payment of duty.
7. How instruments shall be written and stamped.
8. Facts and circumstances affecting duty to be set forth in instruments.
9. Distinct matters contained in one instrument to be stamped separately.
10. Determination of duty in special cases.
11. Persons liable to stamp particular instruments.
12. Time at which instruments shall be stamped.
13. Validating penalty if instrument not stamped within time prescribed.
14. How adhesive stamps shall be defaced.
15. Persons who are required to deface adhesive stamps.

PART IV

PROVISIONS RELATING TO PARTICULAR INSTRUMENTS

17. Broker’s notes.

17A. Off-market share transfer instruments 18.           Policies of insurance.

PART V

PROVISIONS RELATING TOREGISTRATION OF OWNERSHIP OF, AND REAL RIGHTS IN, IMMOVABLE PROPERTY

19. Interpretation in Part V.
21. Joint owners.
22. State grants.
23. Value of property on which duty payable.
24. Separate properties acquired in one transaction.
25. Additions to consideration.
26. Exclusions from consideration.
27. Valuation of consideration.
28. Declarations to be submitted to Registrar of Deeds.
29. Powers of Registrar of Deeds.
30. Registration of acquisition of property prohibited where duty not paid.
32. Appeals from decisions of Registrar of Deeds.
33. Stamps on copy held by Registrar of Deeds.
34. Cancellations of acquisitions.

PART VI

OFFENCES AND PENALTIES

36. Offences in relation to stamping of instruments, defacement of stamps and evasion of duty.
37. Offences in relation to dies and stamps and unlawful possession of stamped paper.
38. Presumption in case of forged stamps.
39. Powers of search for and seizure of forged stamps.
40. Penalty for failure to stamp and for use of unstamped instrument.

PART VII

SUPPLEMENTARY AND MISCELLANEOUS

41. Recovery of duty and penalties by action.
42. Stamping of unstamped instruments with amount of duty and penalty recovered.
43. Non-availability of unstamped instruments.
44. Agreements to evade duty shall be void.
45. Allowances or refunds of stamp duties.
46. Certified copies of instruments.
47. Certificate by revenue officer that instrument is duly stamped shall be conclusive.
48. Exemption of State from payment of stamp duty.
49. Exemption of diplomats and similar persons from payment of stamp duty.
50. Exemption of indigent persons from payment of stamp duty and certain fees.
51. Regulations relating to provision of stamps.
52. Regulations relating to demonetization.

SCHEDULE

Scale of Validating Penalties.

AN ACT to impose duties and fees in respect of certain instruments, to provide for the stamping of such instruments, to provide for the management of stamp duties and fees and for other matters connected with the foregoing.

[Date of commencement: 1st October, 1954.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Stamp Duties Act [Chapter 23:09].

                   2    Interpretation

In this Act—

“affixed”, in relation to an adhesive stamp, means securely fixed by means of an adhesive paste and by no other means;

“authorized officer” means a person appointed in terms of section four;

“broker” includes a person who is licensed or required to be licensed as a broker under the Securities Act

[Chapter 24:25], where he or she deals in securities on behalf of a principal;

[Definition inserted by section 120 of Act 17 of 2004]

“broker’s note” means the note required to be sent by any broker or agent to his principal advising the sale or purchase of any marketable security or of any movable or immovable property;

[Definition amended by section 120 of Act 17 of 2004]

“Commissioner” means—

• the Commissioner in charge of the department of the Zimbabwe Revenue Authority which is declared in terms of the Revenue Authority Act [Chapter 23:11] to be responsible for assessing, collecting and enforcing the payment of the taxes leviable under the Income Tax Act [Chapter 23:06]; or
• the Commissioner-General of the Zimbabwe Revenue Authority, in relation to any function which he has been authorised